BILL NUMBER: SB 433	CHAPTERED  10/10/99

	CHAPTER   932
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	AMENDED IN ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN SENATE   APRIL 20, 1999

INTRODUCED BY   Senator Johnson

                        FEBRUARY 16, 1999

   An act to amend Section 3111 of, and to add Section 3110.5 to, the
Family Code, relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 433, Johnson.  Child custody.
   Existing law authorizes the court to appoint an investigator to
conduct a child custody investigation.  Existing law requires
court-appointed investigators to have specified domestic violence
training, and requires the Judicial Council to draft a statewide rule
of court requiring domestic violence training for all
court-appointed persons who evaluate or investigate child custody
matters.
   This bill would revise these provisions to authorize the court to
appoint a child custody evaluator in any contested proceeding
involving child custody or visitation where the court determines it
is in the best interests of the child, and would require
court-connected and private child custody evaluators to complete a
described domestic violence training program and comply with other
requirements.  It would require the Judicial Council to formulate a
statewide rule of court by January 1, 2002, that establishes
education, experience, and training requirements for all child
custody evaluators and requires child custody evaluators to declare
under penalty of perjury that they are currently licensed, if
applicable, and meet all requirements of the rule.  By expanding the
crime of perjury, the bill would create a state-mandated local
program.
   The bill would additionally require, on and after January 1, 2005,
except under specified circumstances, that each child custody
evaluator be a licensed physician who is a board certified
psychiatrist, or a psychologist, a marriage and family therapist, a
clinical social worker, or a court-connected evaluator, as specified,
or be proposed by or stipulated to by the parties and consented to
by the court.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3110.5 is added to the Family Code, to read:
   3110.5.  (a) No person shall be a court-connected or private child
custody evaluator under this chapter unless the person has completed
the domestic violence training program described in Section 1816 and
has complied with Rules 1257.3 and 1257.7 of the California Rules of
Court.
   (b) (1) On or before January 1, 2002, the Judicial Council shall
formulate a statewide rule of court that establishes education,
experience, and training requirements for all child custody
evaluators appointed pursuant to this chapter, Section 730 of the
Evidence Code, or Section 2032 of the Code of Civil Procedure.
   (2) The rule shall require a child custody evaluator to declare
under penalty of perjury that he or she meets all of the education,
experience, and training requirements specified in the rule and, if
applicable, possesses a license in good standing.  The Judicial
Council shall establish forms to implement this section.  The rule
shall permit court-connected evaluators to conduct evaluations if
they meet all of the qualifications established by the Judicial
Council.  The education, experience, and training requirements to be
specified for court-connected evaluators shall include, but shall not
be limited to, knowledge of the psychological and developmental
needs of children and parent-child relationships.
   (3) The rule shall require all evaluators to utilize comparable
interview, assessment, and testing procedures for all parties that
are consistent with generally accepted clinical, forensic,
scientific, diagnostic, or medical standards.  The rule shall also
require evaluators to inform each adult party of the purpose, nature,
and method of the evaluation.
   (4) The rule may allow courts to permit the parties to stipulate
to an evaluator of their choosing with the approval of the court
under the circumstances set forth in subdivision (d).  The rule may
require courts to provide general information about how parties can
contact qualified child custody evaluators in their county.
   (c) In addition to the education, experience, and training
requirements established by the Judicial Council pursuant to
subdivision (b), on or after January 1, 2005, no person shall be a
child custody evaluator under this chapter, Section 730 of the
Evidence Code, or Section 2032 of the Code of Civil Procedure unless
the person meets one of the following criteria:
   (1) He or she is licensed as a physician under Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code and either is a board certified psychiatrist or has
completed a residency in psychiatry.
   (2) He or she is licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
   (3) He or she is licensed as a marriage and family therapist under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
   (4) He or she is licensed as a clinical social worker under
Article 4 (commencing with Section 4996) of Chapter 14 of Division 2
of the Business and Professions Code.
   (5) He or she is a court-connected evaluator who has been
certified by the court as meeting all of the qualifications for
court-connected evaluators as specified by the Judicial Council
pursuant to subdivision (b).
   (d) Subdivision (c) shall not apply in any case where the court
determines that there are no evaluators who meet the criteria of
subdivision (c) who are willing and available, within a reasonable
period of time, to perform child custody evaluations.  In those
cases, the parties may stipulate to an individual who does not meet
the criteria of subdivision (c), subject to approval by the court.
   (e) A child custody evaluator who is licensed by the Medical Board
of California, the Board of Psychology, or the Board of Behavioral
Sciences shall be subject to disciplinary action by that board for
unprofessional conduct, as defined in the licensing law applicable to
that licensee.
  SEC. 2.  Section 3111 of the Family Code is amended to read:
   3111.  (a) In any contested proceeding involving child custody or
visitation rights, the court may appoint a child custody evaluator to
conduct a child custody evaluation in cases where the court
determines it is in the best interests of the child.  The child
custody evaluation shall be conducted in accordance with the
standards adopted by the Judicial Council pursuant to Section 3117,
and all other standards adopted by the Judicial Council regarding
child custody evaluations.  Where directed by the court, the
court-appointed child custody evaluator shall file a written
confidential report on his or her evaluation.  At least 10 days
before any hearing regarding custody of the child, the report shall
be filed with the clerk of the court in which the custody hearing
will be conducted and served on the parties or their attorneys.  The
report may be considered by the court.
   (b) The report shall not be made available other than as provided
in subdivision (a).
   (c) The report may be received in evidence on stipulation of all
interested parties and is competent evidence as to all matters
contained in the report.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
